American HOAs simply have too much power. In Canada HOAs exist, but their ability to levy fines or put liens on property is much more limited[1] and usually requires actual damage. This effectively eliminates a lot of the ridiculous rules about the size of someone's shed or the species or grass because there's no real way to enforce them.
I think the point is that not all HOAs exist for a good reason, but some do. As OP points out, it's important to distinguish between HOAs that act as stewards of a shared building or shared infrastructure, and HOAs that try to govern what individual homeowners do with individual plots of land with individual homes on them. Unfortunately we use "HOA" to describe both of them.
>Unfortunately we use "HOA" to describe both of them.
That's not an accident anymore than the name of the patriot act was an accident.
Historically "HOA" sounded way less scary and conjured up images of condo/apartment building associations. If you're a developer who had to trade way your customer's freedom to use the product in order to create the product in the first place marketing it that way is just a no brainer.
It's only now after decades of HOAs that have way too much (morally speaking, they have just the right amount from a law and compliance perspective) power attracting people who use of that power does the term have any negative connotation.
I looked at the rules for dissolving an HOA in lived in. There were a couple of procedural barriers, but the biggest one was that it required 75% of homeowners to sign a petition within a 3 month period. That’s a pretty high bar and lets a minority perpetuate the HOA.
My point is that the suburban HOA literally can't allow you to put a shed where you want or a patio larger than X or pave your driveway different because 20yr ago the developer had to include a bunch of asinine stipulations that "lock in" various features of the properties that in the initial covenant in order to get the engineering numbers where they needed to be in order to get the stormwater calcs to result in numbers that the local authority wouldn't be breaking the rules to approve. Yeah there's gray areas, and theoretically probably legal avenues to get stuff changed but that's a huge uphill battle that won't happen unless there's huge money on the table (e.g. allowing ADUs).
And it's not just HOAs and stormwater, you see this to varying extents with damn near every regulated subject relevant to the development of land and is a large part of why you see stuff either built in 1s and 2s, maybe 3s, or you see entire neighborhoods with dozens of houses all at once, in case anyone was wondering.
But are the rules actually the same as those imposed 20 years ago for regulatory reasons, or are they now stricter without good reason? Are there really good regulatory reasons for restricting exterior paint color and other things that HOAs do?
